Richard K. Kuomei v Richard Kigen [2019] KEELC 865 (KLR)
- Court
- Environment & Land Court
- Case number
- 865
- Citation
- [2019] KEELC 865 (KLR)
- Decided
- 13 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePreliminary Objection to SuitCoramS. M. KIBUN
Holding
The court finds no merit in the defendant's preliminary objection and rejects it with costs to the plaintiff.
Facts
The plaintiff, Richard K. Kuomei, initiated a suit against the defendant, Richard Kigen, alleging adverse possession over land registered in the name of a deceased person. The defendant raised two points of law challenging the suit.
Issues
- Whether the suit contravenes the provisions of Sections 45 of the Law of Succession Act and or Section 36 of the Land Act.
- Who pays the costs?
Reasoning
The court determined that the suit was based on adverse possession and not a sale transaction, and that the defendant's grounds for the preliminary objection were not supported by evidence.
Outcome
The defendant's preliminary objection is rejected with costs to the plaintiff.
Orders
- The defendant pays the plaintiff costs in accordance with Section 27 of the Civil Procedure Act Chapter 21 of Laws of Kenya.
Authorities cited
Legislation (3)
- Law of Succession Act Chapter 160 of Laws of Kenya
- Land Act, 2012
- Civil Procedure Act Chapter 21 of Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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